Question
Mimi operates Mimis Cupcakes, a single store in College Station. She claims that her cupcakes are from an old family-recipe and that is why her
Mimi operates Mimis Cupcakes, a single store in College Station. She claims that her cupcakes are from an old family-recipe and that is why her shop is so successful. Cakes R Us is a national chain with 1,000 stores in all 50 states. Cakes R Us claims that Mimi has stolen its proprietary recipe (she did not). Cakes R Us threatens to file a civil lawsuit against Mimi for $1 Million in damages unless she agrees to a contract to share 50% of her profits with the Cakes R Us. Because she cannot afford an attorney or the cost of litigation, she reluctantly agrees. Later, when Mimi does not share her profits with Cakes R Us, the company sues her for breach of contract. Mimi seeks to defend herself by claiming both undue influence and duress. Under these limited acts, will a court recognize either defense, and explain why or why not.
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